Orange Signal

garthomas

I took out an iphone contract with Orange 1 and half months ago via their direct sales team. Since then I am getting intermittent signal in my home, and for the past week have had no signal at all.

I have telephone Orange and they have advised that the mast in my area has been broke since Dec 2009 and they don't know when it will be fixed and it was last looked at in January

The lady told me I can cancel my contract without penalty but said I would need to return my phone. However I am aware that in section 14.1 of their terms and condition it states “Your Phone and Accessories are acquired by you outside the terms of your Contract”. Does anyone know where I stand on this basis or has anyone ever experienced this with Orange?

Cheers

drbesty

The terms and conditions also state that coverage cannot be guaranteed indoors, if you cancel the contract you will need to return the phone

PNPSUKNET

http://forum.vodafone.co.uk/index.php?showtopic=50704&st=0&gopid=336119&#entry336119

gjchester

garthomas wrote: »

I took out an iphone contract with Orange 1 and half months ago via their direct sales team. Since then I am getting intermittent signal in my home, and for the past week have had no signal at all.

I have telephone Orange and they have advised that the mast in my area has been broke since Dec 2009 and they don't know when it will be fixed and it was last looked at in January

The lady told me I can cancel my contract without penalty but said I would need to return my phone. However I am aware that in section 14.1 of their terms and condition it states “Your Phone and Accessories are acquired by you outside the terms of your Contract”. Does anyone know where I stand on this basis or has anyone ever experienced this with Orange?

Cheers

Relevent bits of the T&C

3.1.1 the quality and availability of Services may sometimes be affected by factors outside our control - such as local physical obstructions, atmospheric conditions, other causes of radio interference, features or functionality of your Device, the number of people trying to use the network at the same time, and faults in other telecommunication networks to which the Network is connected

3.1.2 the quality of our Services may not be at its best inside buildings or below ground

3.4 The Network and the Services may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the Services becoming temporarily unavailable. In such cases, we'll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable.

terminating your contract because Orange is no longer able to provide access to the Network
4.4 If, for reasons beyond our control, we are no longer able to provide Network Services, we will at our discretion either:
4.4.1 make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or
4.4.2 accept written notice from you that you wish to terminate your Contract. In such cases we will refund any pre-paid Charges that have not been used up.


And

14 Devices
your Device is not a part of your Contract
14.1 Your Device and Accessories are acquired by you outside the terms of your Contract.


Basically 3.1.1 and 3.1.2 say that it's variable service and can be affected by many
different factors, including the phone, (and by extension it's firmware) and that it may not work well inside a building.

3.4 says that things go wrong and thats life,

4.4 says if the network mast goes wrong and they can';t fix it they will release you from the contract.

Finally 14.1 says that the phone is yours from day one.


In your case if the mast has been broken since Dec 2009 then it was broken when you got the iPhone. You can't say that they have reduced the level of coverage as you didn't have any the day you got the new phone, so 4.4 isn;t valid as you never had that higher level of coverage.
3.1.1 and 3.1.2 say that you can;t expect it to be perfect all the time and not indoors, and also as has been said no Mobile co guarantes a singla in a house (with the exception of Voda if you use there suresignal box)

Realistically you don;t have a lot of wiggle room, either you accept the service as is or send it back. The alternative is to keep the phone and accept the poor service, or keep the phone and pay an early termination fee to leave. Probably 16 months x £35 PCM so around £560. As reading the T&C's you getting the ability to return the phone and cancel the contract for free on pretty much a generous reading of the T&C I'd be inclined to say return it quicky and don't bite their hand of as you do so